Atos medical review after lat years appeal

grazzzz

In January I won my appeal for ESA using the Exceptional Circumstances Regulations I arrived at court to find the medical evidence was excepted and the award had already been decided that morning.
I suffer from chronic vestibular dysfunction ( my inner ear balance system no longer works after a scuba diving accident in 2010) I had private health up to 2 years ago however when I lost my job that stopped along with the extensive physio and the NHS won't fund physio so my condition has worsened
I have received my atos questionnaire and I am registered with social services and both my GP and my social manager are going to include a letter saying my health is in decline since my original claim
I a m concerned I will have to go through the whole thing again
I had 2 years ago a had a 7 page medical examination and report from a specialist diving doctor who said under health and safety I couldn't work and for my own personal well being I couldn't the following day I saw the atos nurse who found me fit to work hence the appeal that took a year to come to court.
The trauma of going through all this again scares me and need advice
Dial helped me with my appeal and am going to ask them to help fill in the questionnaire
Don't know if I can go through it all again

KxMx

I'm sorry to hear of your trouble with ATOS, I am afraid you will have to fill in the ESA50 and send it back. Send in all the medical reports you have and evidence you used for your appeal.
You may be lucky enough to be passed without a face to face assessment.
Good luck I know how stressful it is.

speedyturtle

I am really sorry to hear about this and your problem. I know you might not wanna hear this but most probably you would have to go through that appeal process again and i know its not easy specially for people who are struggling to cope with their daily lives but that is the right thing to do. Like KxMx said that you might be lucky enough to pass the face to face assessment but if you dont than stay strong and dont let someone bully out of what is rightfully yours. Unfortunately this government and ATOS are using these bullish tactics to save money so stay strong and fight for YOUR rights.

grazzzz

speedyturtle wrote: »

I am really sorry to hear about this and your problem. I know you might not wanna hear this but most probably you would have to go through that appeal process again and i know its not easy specially for people who are struggling to cope with their daily lives but that is the right thing to do. Like KxMx said that you might be lucky enough to pass the face to face assessment but if you dont than stay strong and dont let someone bully out of what is rightfully yours. Unfortunately this government and ATOS are using these bullish tactics to save money so stay strong and fight for YOUR rights.

Will I lose my ESA benefit while I appeal if it gets to that or does it continue until the the appeal date like last time ?

baxie

Sorry I don't have anything to add, but just wanted to wish you good luck.

HB58

grazzzz wrote: »

Will I lose my ESA benefit while I appeal if it gets to that or does it continue until the the appeal date like last time ?

If you are found 'fit for work' then you (probably) won't get paid until after the mandatory reconsideration. If you are put in the WRAg then payment will continue until you have exhausted the 365 day contributory entitlement (it would only continue after this if you are entitled to income-related ESA).

grazzzz

HB58 wrote: »

If you are found 'fit for work' then you (probably) won't get paid until after the mandatory reconsideration. If you are put in the WRAg then payment will continue until you have exhausted the 365 day contributory entitlement (it would only continue after this if you are entitled to income-related ESA).

I am on income related, so I won my appeal last time my condition has deteriorated since then yet they will cease my payments ?

wildwestfan

grazzzz wrote: »

I am on income related, so I won my appeal last time my condition has deteriorated since then yet they will cease my payments ?

I would advise you send all recent, relevant medical information with the ESA50 form and get some help from CAB to complete the form.